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STATE v. MAGEE

No. C8-87-299.

413 N.W.2d 230 (1987)

STATE of Minnesota, Respondent, v. Alphonse MAGEE, Appellant.

Court of Appeals of Minnesota.

Review Denied November 24, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Hennepin Co. Atty., Vernon E. Bergstrom, Chief, Appellate Section, John C. Brink, Asst. Co. Atty., Minneapolis, for respondent.

C. Paul Jones, Public Defender, Marie L. Wolf, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by NORTON, P.J., MULALLY and LOMMEN, JJ., with oral argument waived.

OPINION

MULALLY, Judge.

This appeal is from a judgment of conviction and sentences for first-degree criminal sexual conduct and second-degree assault. The jury found appellant Alphonse Magee not guilty of one count of first-degree criminal sexual conduct. The court sentenced Magee to 114 months executed sentence for the criminal sexual conduct conviction, a one and one-half times durational departure.

FACTS

Appellant Alphonse Magee was...

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